Dana E. Becker litigates complex business disputes, including a range of M&A and other contract litigation and injunction proceedings, and disputes involving business competition, trade secrets, alleged business fraud and unfair trade practices, and other claims of corporate wrongdoing in US federal and state courts and alternative dispute resolution proceedings. Dana manages all phases of litigation, from pre-complaint investigations through fact and expert discovery, trial, and appeals, and has had successful outcomes in both bench and jury trials. Dana is the deputy leader of the firm’s litigation practice in Philadelphia.
Dana counsels a diverse group of clients, including those in the medical device, pharmaceutical, manufacturing, technology, publishing, energy, and financial services industries. She works closely with large and small clients to advance their business objectives while navigating a dispute, and draws on her experience managing a portfolio of litigation for a global media and technology company to provide strategic business advice and creative, cost-effective solutions.
Dana maintains an active pro bono practice, including serving as trial counsel in a disability rights matter culminating in a jury verdict and an award of damages in her client’s favor, handling petitions for post-conviction relief for juveniles sentenced to de facto life sentences, litigating a request for compassionate release during the COVID-19 pandemic, and representing a client in a successful petition for asylum.
Prior to joining the firm, Dana worked as a senior analyst at a global investment bank, providing debt capital markets solutions for clients in the telecommunications, media, and technology space.
Defended leading medical device company against breach of contract and fraud claims in the US District Court for the Northern District of Indiana relating to the earnout provisions of a stock purchase agreement; moved to dismiss all claims, prompting the plaintiff to narrow the claims asserted in an amended complaint; and filed a motion to dismiss the amended complaint and secured dismissal with prejudice of the sole remaining contract claim
Defended leading medical device company in a wrongful discharge and gender discrimination action in the US District Court for the Northern District of Indiana, in which a former senior executive asserted claims for violation of the Equal Pay Act, sex discrimination and constructive discharge under Title VII, breach of employment agreement, breach of stock incentive plan, and wrongful constructive discharge; and after narrowing the claims at the motion to dismiss stage, secured complete summary judgment dismissal in our client’s favor on the remaining Equal Pay Act and Title VII claims
Defended energy client in an eight-day bench trial in the US District Court for the Southern District of New York involving a post-acquisition earnout dispute over $35 million of consideration sought by sellers, which resulted in a complete defense verdict
Defended software company in a dispute in the US District Court for the Eastern District of Pennsylvania stemming from a settlement agreement; obtained complete victory at the motion to dismiss stage, which was subsequently upheld by the US Court of Appeals for the Third Circuit
Defended a leading medical device company in the US District Court for the District of New Jersey against equitable and legal claims of unfair competition and tortious interference asserted by an industry competitor stemming from allegations of corporate raiding of sales representatives
Defended one of the world’s leading orthopedic implant manufacturers in the defense of a $15 million False Claims Act retaliation case filed by a former sales team leader, which culminated in a complete defense verdict in the US District Court for the Eastern District of Pennsylvania and a jury verdict in our client’s favor on its counterclaims for breach of fiduciary duty and breach of contract
Represented an international educational publishing company in the defense of a contract dispute involving a former employee’s request for bonuses and royalty payments, which culminated in summary judgment in our client’s favor that was affirmed on appeal
Represented client in an accelerated arbitration involving a post-deal dispute over the order and priority of distributions of proceeds from the sale of a business to an employee stock ownership plan, which culminated in a complete victory for our client
Defended an international publishing company against numerous copyright infringement lawsuits in federal courts across the country
Represented a national drugstore chain and secured dismissal of a False Claims Act qui tam action brought in the US District Court for the District of Massachusetts
Temple University Beasley School of Law, 2008, J.D., Cum Laude
University of Pennsylvania, Wharton School of Business, 2001, B.S., Cum Laude
US Court of Appeals for the Third Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Eastern District of Pennsylvania
US District Court for the District of New Jersey
US District Court for the Northern District of Illinois
US District Court for the District of Colorado
US District Court for the Southern District of Indiana
US District Court for the Eastern District of Michigan
Clerkship to Judge Franklin Van Antwerpen of the US Court of Appeals for the 3rd Circuit (2008 - 2009)
Awards and Affiliations
Future Star, Benchmark Litigation (2023)
40 & Under Hot List, Benchmark Litigation (2020, 2021)
Recommended, Dispute resolution: General commercial disputes, The Legal 500 US (2020)
Member, Core Class, Leadership Philadelphia (2018–2019)